Delivery driver with carpal tunnel syndrome not disabled under Equality Act
A delivery driver who had carpal tunnel syndrome surgery and returned to work without sickness absence was found not to be disabled. The tribunal dismissed her unfair dismissal and disability discrimination claims.
1 min read · Last updated 18 May 2026
Case details
- #carpal-tunnel-syndrome
- #disability-definition
- #substantial-adverse-effect
- #long-term-effect
- #occupational-health
- #preliminary-issue
Key facts
- The claimant was diagnosed with carpal tunnel syndrome in 2011/2012.
- She underwent surgery on 11 December 2015 and returned to work in February 2016.
- The claimant had no sickness absence related to CTS during her employment.
- The tribunal found insufficient evidence of substantial and long-term adverse effect on normal day-to-day activities.
- The claimant was not a disabled person under the Equality Act 2010 at the material time.
Timeline
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Diagnosis of carpal tunnel syndrome
The claimant was diagnosed with CTS on her right hand.
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Referral for surgery
The claimant was referred for CTS surgery.
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Consultant appointment
Dr Chougulo saw the claimant and confirmed she wished to proceed with surgery.
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CTS surgery
The claimant underwent surgery for carpal tunnel syndrome and was released the same day.
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Return to work
The claimant returned to work as a driver with an assistant for loading/unloading.
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Moved to clothing department
The claimant was deployed to the respondent's clothing business in store.
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Occupational Health report
OH reported improvement in hand strength and grip, with good outlook, but still advised avoiding heavy lifting.
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Preliminary hearing on disability
The tribunal heard evidence on whether the claimant was disabled and found she was not.
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Full merits hearing begins
The tribunal heard the substantive claims over five days.
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Judgment issued
The tribunal dismissed all claims.
The legal issue
The tribunal had to decide whether the claimant's carpal tunnel syndrome amounted to a disability under section 6 of the Equality Act 2010, which requires a physical or mental impairment that has a substantial and long-term adverse effect on normal day-to-day activities.
The outcome
The tribunal dismissed all claims, including unfair dismissal and disability discrimination.
- The key reason was that the claimant failed to prove she was a disabled person at the material time. Despite a diagnosis of carpal tunnel syndrome and surgery in 2015, there was insufficient evidence that her condition had a substantial adverse effect on her day-to-day activities, or that the effect was long-term.
- No compensation was awarded as the claims failed on the preliminary issue of disability status.
Lessons & takeaways
- To claim disability discrimination, you must first establish that you meet the legal definition of disability under the Equality Act 2010.
- Medical evidence of a diagnosis alone is not enough; you need to show that the condition has a substantial and long-term adverse effect on your normal day-to-day activities.
- If you have no sickness absence related to the condition and can work with reasonable adjustments, it may be harder to prove disability.
- Representing yourself can be challenging; ensure your witness statement includes specific evidence on disability impact, including dates and documents.
What this case shows in practice
This case illustrates the importance of meeting the legal definition of disability before bringing a discrimination claim. The claimant, a delivery driver for Tesco, had carpal tunnel syndrome diagnosed in 2011/2012 and underwent surgery in December 2015. She returned to work in February 2016 with adjustments, such as an assistant for loading and unloading, and had no sickness absence related to her condition. The tribunal found that while she had an impairment, there was insufficient evidence that it had a substantial and long-term adverse effect on her normal day-to-day activities.
What the losing side could have done differently
The claimant represented herself and failed to provide clear evidence on the impact of her condition. Her witness statements did not address disability, and she later withdrew her claim of disability before December 2015. The tribunal noted that the medical records did not show complaints about sleep deprivation or other symptoms, and occupational health reports indicated improvement after surgery. Stronger medical evidence, such as a specialist report detailing functional limitations, might have supported her case.
Why the result matters for similar claims
This decision highlights that a diagnosis of a condition like carpal tunnel syndrome does not automatically confer disability status. Employees must demonstrate that the condition has a substantial (more than minor or trivial) and long-term (lasting or likely to last 12 months) adverse effect. The fact that the claimant could work with adjustments and had no time off weakened her claim. For anyone considering a disability discrimination claim, gathering detailed medical evidence of the condition's impact on daily activities is crucial.
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